S. B. No. 359 As Introduced

As Introduced

130th General Assembly

Regular Session

2013-2014

S. B. No. 359

Senators Beagle, Lehner

Cosponsors: Senators Turner, Brown, Schiavoni

A BILL

To amend sections 3737.82, 3781.10, 3781.104, and

4740.14 of the Revised Code to require a separate,

exterior means of egress for dwelling areas above

the second story of certain residential rental

properties.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3737.82, 3781.10, 3781.104, and	6
4740.14 of the Revised Code be amended to read as follows:	7

Sec. 3737.82. The fire marshal shall adopt a state fire code	8
which shall consist of rules relating to all aspects of fire	9
safety. The rules shall be the minimum standards for safeguarding	10
life and property from fire and explosion, and the fire marshal	11
may, in adopting these rules, incorporate by reference existing	12
published standards as well as amendments thereto subsequently	13
published by the same authority. The fire code shall include, but	14
not be limited to, rules relating to the movable contents of any	15
building, or class of buildings, the transportation, storage,	16
location, and use of flammable or explosive materials, the	17
procedures to be employed by persons in the event of fire, the	18
installation and location of fire protection equipment, and other	19
similar matters. The fire code shall include a requirement that,	20
unless a property has a fire suppression system, an exterior means	21
of egress exists for any area that is being used for dwelling	22
above the second story of a residential rental property, separate	23
from a shared, interior means of egress. The fire code may contain	24
rules applicable to particular classes of existing buildings or	25
structures as the use and occupancy of such buildings or	26
structures suggest are necessary. The fire marshal may amend,	27
modify, or repeal any rule of the state fire code.	28

As used in this section:

"Fire suppression system" has the same meaning as in section	30
3781.108 of the Revised Code.	31

"Residential rental property" means a structure originally	32
constructed or designed as a single-family dwelling that is being	33
leased or otherwise rented to tenants as a multi-family dwelling	34
for residential purposes, but does not include a hotel or a	35
college or university dormitory.	36

"Exterior means of egress" means an unblocked, functional	37
window that can be opened from the interior of a structure and a	38
ladder or staircase that extends from that window to a length that	39
is not more than five feet above the land on which the structure	40
exists.	41

Sec. 3781.10. (A)(1) The board of building standards shall	42
formulate and adopt rules governing the erection, construction,	43
repair, alteration, and maintenance of all buildings or classes of	44
buildings specified in section 3781.06 of the Revised Code,	45
including land area incidental to those buildings, the	46
construction of industrialized units, the installation of	47
equipment, and the standards or requirements for materials used in	48
connection with those buildings. The board shall incorporate those	49
rules into separate residential and nonresidential building codes.	50
The standards shall relate to the conservation of energy and the	51
safety and sanitation of those buildings. The rules adopted by the	52
board shall require that, unless a property has a fire suppression	53
system, an exterior means of egress exists for any area that will	54
be used for dwelling above the second story of a residential	55
rental property, separate from a shared, interior means of egress.	56
"Fire suppression system," "residential rental property," and	57
"exterior means of egress" have the same meanings as in section	58
3737.82 of the Revised Code.	59

(2) The rules governing nonresidential buildings are the	60
lawful minimum requirements specified for those buildings and	61
industrialized units, except that no rule other than as provided	62
in division (C) of section 3781.108 of the Revised Code that	63
specifies a higher requirement than is imposed by any section of	64
the Revised Code is enforceable. The rules governing residential	65
buildings are uniform requirements for residential buildings in	66
any area with a building department certified to enforce the state	67
residential building code. In no case shall any local code or	68
regulation differ from the state residential building code unless	69
that code or regulation addresses subject matter not addressed by	70
the state residential building code or is adopted pursuant to	71
section 3781.01 of the Revised Code.	72

(3) The rules adopted pursuant to this section are complete,	73
lawful alternatives to any requirements specified for buildings or	74
industrialized units in any section of the Revised Code. Except as	75
otherwise provided in division (I) of this section, the board	76
shall, on its own motion or on application made under sections	77
3781.12 and 3781.13 of the Revised Code, formulate, propose,	78
adopt, modify, amend, or repeal the rules to the extent necessary	79
or desirable to effectuate the purposes of sections 3781.06 to	80
3781.18 of the Revised Code.	81

(B) The board shall report to the general assembly proposals	82
for amendments to existing statutes relating to the purposes	83
declared in section 3781.06 of the Revised Code that public health	84
and safety and the development of the arts require and shall	85
recommend any additional legislation to assist in carrying out	86
fully, in statutory form, the purposes declared in that section.	87
The board shall prepare and submit to the general assembly a	88
summary report of the number, nature, and disposition of the	89
petitions filed under sections 3781.13 and 3781.14 of the Revised	90
Code.	91

(C) On its own motion or on application made under sections	92
3781.12 and 3781.13 of the Revised Code, and after thorough	93
testing and evaluation, the board shall determine by rule that any	94
particular fixture, device, material, process of manufacture,	95
manufactured unit or component, method of manufacture, system, or	96
method of construction complies with performance standards adopted	97
pursuant to section 3781.11 of the Revised Code. The board shall	98
make its determination with regard to adaptability for safe and	99
sanitary erection, use, or construction, to that described in any	100
section of the Revised Code, wherever the use of a fixture,	101
device, material, method of manufacture, system, or method of	102
construction described in that section of the Revised Code is	103
permitted by law. The board shall amend or annul any rule or issue	104
an authorization for the use of a new material or manufactured	105
unit on any like application. No department, officer, board, or	106
commission of the state other than the board of building standards	107
or the board of building appeals shall permit the use of any	108
fixture, device, material, method of manufacture, newly designed	109
product, system, or method of construction at variance with what	110
is described in any rule the board of building standards adopts or	111
issues or that is authorized by any section of the Revised Code.	112
Nothing in this section shall be construed as requiring approval,	113
by rule, of plans for an industrialized unit that conforms with	114
the rules the board of building standards adopts pursuant to	115
section 3781.11 of the Revised Code.	116

(D) The board shall recommend rules, codes, and standards to	117
help carry out the purposes of section 3781.06 of the Revised Code	118
and to help secure uniformity of state administrative rulings and	119
local legislation and administrative action to the bureau of	120
workers' compensation, the director of commerce, any other	121
department, officer, board, or commission of the state, and to	122
legislative authorities and building departments of counties,	123
townships, and municipal corporations, and shall recommend that	124
they audit those recommended rules, codes, and standards by any	125
appropriate action that they are allowed pursuant to law or the	126
constitution.	127

(E)(1) The board shall certify municipal, township, and	128
county building departments and the personnel of those building	129
departments, and persons and employees of individuals, firms, or	130
corporations as described in division (E)(7) of this section to	131
exercise enforcement authority, to accept and approve plans and	132
specifications, and to make inspections, pursuant to sections	133
3781.03, 3791.04, and 4104.43 of the Revised Code.	134

(2) The board shall certify departments, personnel, and	135
persons to enforce the state residential building code, to enforce	136
the nonresidential building code, or to enforce both the	137
residential and the nonresidential building codes. Any department,	138
personnel, or person may enforce only the type of building code	139
for which certified.	140

(3) The board shall not require a building department, its	141
personnel, or any persons that it employs to be certified for	142
residential building code enforcement if that building department	143
does not enforce the state residential building code. The board	144
shall specify, in rules adopted pursuant to Chapter 119. of the	145
Revised Code, the requirements for certification for residential	146
and nonresidential building code enforcement, which shall be	147
consistent with this division. The requirements for residential	148
and nonresidential certification may differ. Except as otherwise	149
provided in this division, the requirements shall include, but are	150
not limited to, the satisfactory completion of an initial	151
examination and, to remain certified, the completion of a	152
specified number of hours of continuing building code education	153
within each three-year period following the date of certification	154
which shall be not less than thirty hours. The rules shall provide	155
that continuing education credits and certification issued by the	156
council of American building officials, national model code	157
organizations, and agencies or entities the board recognizes are	158
acceptable for purposes of this division. The rules shall specify	159
requirements that are consistent with the provisions of section	160
5903.12 of the Revised Code relating to active duty military	161
service and are compatible, to the extent possible, with	162
requirements the council of American building officials and	163
national model code organizations establish.	164

(4) The board shall establish and collect a certification and	165
renewal fee for building department personnel, and persons and	166
employees of persons, firms, or corporations as described in this	167
section, who are certified pursuant to this division.	168

(5) Any individual certified pursuant to this division shall	169
complete the number of hours of continuing building code education	170
that the board requires or, for failure to do so, forfeit	171
certification.	172

(6) This division does not require or authorize the board to	173
certify personnel of municipal, township, and county building	174
departments, and persons and employees of persons, firms, or	175
corporations as described in this section, whose responsibilities	176
do not include the exercise of enforcement authority, the approval	177
of plans and specifications, or making inspections under the state	178
residential and nonresidential building codes.	179

(7) Enforcement authority for approval of plans and	180
specifications and enforcement authority for inspections may be	181
exercised, and plans and specifications may be approved and	182
inspections may be made on behalf of a municipal corporation,	183
township, or county, by any of the following who the board of	184
building standards certifies:	185

(a) Officers or employees of the municipal corporation,	186
township, or county;	187

(b) Persons, or employees of persons, firms, or corporations,	188
pursuant to a contract to furnish architectural, engineering, or	189
other services to the municipal corporation, township, or county;	190

(c) Officers or employees of, and persons under contract	191
with, a municipal corporation, township, county, health district,	192
or other political subdivision, pursuant to a contract to furnish	193
architectural, engineering, or other services.	194

(8) Municipal, township, and county building departments have	195
jurisdiction within the meaning of sections 3781.03, 3791.04, and	196
4104.43 of the Revised Code, only with respect to the types of	197
buildings and subject matters for which they are certified under	198
this section.	199

(9) Certification shall be granted upon application by the	200
municipal corporation, the board of township trustees, or the	201
board of county commissioners and approval of that application by	202
the board of building standards. The application shall set forth:	203

(a) Whether the certification is requested for residential or	204
nonresidential buildings, or both;	205

(b) The number and qualifications of the staff composing the	206
building department;	207

(c) The names, addresses, and qualifications of persons,	208
firms, or corporations contracting to furnish work or services	209
pursuant to division (E)(7)(b) of this section;	210

(d) The names of any other municipal corporation, township,	211
county, health district, or political subdivision under contract	212
to furnish work or services pursuant to division (E)(7) of this	213
section;	214

(e) The proposed budget for the operation of the building	215
department.	216

(10) The board of building standards shall adopt rules	217
governing all of the following:	218

(a) The certification of building department personnel and	219
persons and employees of persons, firms, or corporations	220
exercising authority pursuant to division (E)(7) of this section.	221
The rules shall disqualify any employee of the department or	222
person who contracts for services with the department from	223
performing services for the department when that employee or	224
person would have to pass upon, inspect, or otherwise exercise	225
authority over any labor, material, or equipment the employee or	226
person furnishes for the construction, alteration, or maintenance	227
of a building or the preparation of working drawings or	228
specifications for work within the jurisdictional area of the	229
department. The department shall provide other similarly qualified	230
personnel to enforce the residential and nonresidential building	231
codes as they pertain to that work.	232

(b) The minimum services to be provided by a certified	233
building department.	234

(11) The board of building standards may revoke or suspend	235
certification to enforce the residential and nonresidential	236
building codes, on petition to the board by any person affected by	237
that enforcement or approval of plans, or by the board on its own	238
motion. Hearings shall be held and appeals permitted on any	239
proceedings for certification or revocation or suspension of	240
certification in the same manner as provided in section 3781.101	241
of the Revised Code for other proceedings of the board of building	242
standards.	243

(12) Upon certification, and until that authority is revoked,	244
any county or township building department shall enforce the	245
residential and nonresidential building codes for which it is	246
certified without regard to limitation upon the authority of	247
boards of county commissioners under Chapter 307. of the Revised	248
Code or boards of township trustees under Chapter 505. of the	249
Revised Code.	250

(F) In addition to hearings sections 3781.06 to 3781.18 and	251
3791.04 of the Revised Code require, the board of building	252
standards shall make investigations and tests, and require from	253
other state departments, officers, boards, and commissions	254
information the board considers necessary or desirable to assist	255
it in the discharge of any duty or the exercise of any power	256
mentioned in this section or in sections 3781.06 to 3781.18,	257
3791.04, and 4104.43 of the Revised Code.	258

(G) The board shall adopt rules and establish reasonable fees	259
for the review of all applications submitted where the applicant	260
applies for authority to use a new material, assembly, or product	261
of a manufacturing process. The fee shall bear some reasonable	262
relationship to the cost of the review or testing of the	263
materials, assembly, or products and for the notification of	264
approval or disapproval as provided in section 3781.12 of the	265
Revised Code.	266

(H) The residential construction advisory committee shall	267
provide the board with a proposal for a state residential building	268
code that the committee recommends pursuant to division (D)(1) of	269
section 4740.14 of the Revised Code. Upon receiving a	270
recommendation from the committee that is acceptable to the board,	271
the board shall adopt rules establishing that code as the state	272
residential building code.	273

(I)(1) The committee may provide the board with proposed	274
rules to update or amend the state residential building code that	275
the committee recommends pursuant to division ~~(E)~~(F) of section	276
4740.14 of the Revised Code.	277

(2) If the board receives a proposed rule to update or amend	278
the state residential building code as provided in division (I)(1)	279
of this section, the board either may accept or reject the	280
proposed rule for incorporation into the residential building	281
code. If the board does not act to either accept or reject the	282
proposed rule within ninety days after receiving the proposed rule	283
from the committee as described in division (I)(1) of this	284
section, the proposed rule shall become part of the residential	285
building code.	286

(J) The board shall cooperate with the director of job and	287
family services when the director promulgates rules pursuant to	288
section 5104.05 of the Revised Code regarding safety and	289
sanitation in type A family day-care homes.	290

(K) The board shall adopt rules to implement the requirements	291
of section 3781.108 of the Revised Code.	292

Sec. 3781.104. (A) ~~One hundred eighty days after the board~~	293
~~of building standards files its rules with the secretary of state~~	294
~~and the director of the legislative service commission, as~~	295
~~required in section 119.04 of the Revised Code, as required by~~	296
~~this section, every~~Every existing apartment and condominium	297
building that exceeds seventy-five feet in height, as measured	298
from ground level exclusive of any radio, television, or telephone	299
transmission antennae, or other equipment, chimneys, or equipment	300
associated with the heating or air conditioning system of the	301
building, which did not have an automatic smoke detection system	302
or sprinkler system in conformity with the rules of the board of	303
building standards adopted pursuant to section 3781.10 of the	304
Revised Code, shall have installed and in operation an automatic	305
smoke detection system as follows:	306

(1) Each dwelling unit shall have smoke detector devices	307
approved by the board and installed in the immediate vicinity but	308
outside of all sleeping rooms. Alarm signaling devices shall be	309
clearly audible in all bedrooms within the dwelling unit when all	310
intervening doors are closed. For the purpose of installation and	311
maintenance only, the applicable sections of the national fire	312
prevention association standard No. 74 "standard for the	313
installation, maintenance and use of a household fire warning	314
system" shall be considered accepted engineering practice.	315

(2) In those portions of a building subject to this division	316
other than dwelling units, detector spacing shall conform to at	317
least one of the following requirements:	318

(a) Where the building has a central return air system,	319
detectors shall be installed as provided by rule in or near the	320
return air stream in a manner that smoke-laden air originating	321
from any part of the building must pass by a detector before the	322
smoke-laden air leaves the floor of origin;	323

(b) In buildings with or without central return air systems,	324
detectors shall be installed on each floor on the corridor or	325
lobby side of and within five feet of all stairway and elevator	326
doors. Where horizontal exits are used, detectors shall also be	327
installed on each side of and within fifteen feet of doors serving	328
as horizontal exits through fire walls.	329

(B) Every existing residential rental property that has an	330
area that is being used for dwelling above the second story of	331
that property shall have an exterior means of egress, separate	332
from a shared, interior means of egress unless that property has a	333
fire suppression system.	334

335

(1) "Smoke detector" means a readily removable device,	336
sensitive to either visible or invisible particles of combustion	337
or both, which automatically detects any fire condition and	338
broadcasts locally a signal or alarm.	339

(2) "Apartment building" means any building at least	340
seventy-five per cent of the units of which are residential	341
dwelling units rented or leased to tenants upon other than a	342
transient basis and does not include a "hotel" as that term is	343
defined in section 3731.01 of the Revised Code but does include a	344
college or university dormitory.	345

(3) "Condominium" means any building composed of individually	346
owned units and operated by an association of owners.	347

~~(C)~~(4) "Fire suppression system," "residential rental	348
property," and "exterior means of egress" have the same meanings	349
as in section 3737.82 of the Revised Code.	350

(D) The board of building standards, pursuant to section	351
3781.10 of the Revised Code, shall adopt the provisions of this	352
section as a rule of the board.	353

Sec. 4740.14. (A) There is hereby created within the	354
department of commerce the residential construction advisory	355
committee consisting of nine persons the director of commerce	356
appoints. The advisory committee shall be made up of the following	357
members:	358

(1) Three shall be general contractors who have recognized	359
ability and experience in the construction of residential	360
buildings.	361

(2) Two shall be building officials who have experience	362
administering and enforcing a residential building code.	363

(3) One, chosen from a list of three names the Ohio fire	364
chief's association submits, shall be from the fire service	365
certified as a fire safety inspector who has at least ten years of	366
experience enforcing fire or building codes.	367

(4) One shall be a residential contractor who has recognized	368
ability and experience in the remodeling and construction of	369
residential buildings.	370

(5) One shall be an architect registered pursuant to Chapter	371
4703. of the Revised Code, with recognized ability and experience	372
in the architecture of residential buildings.	373

(6) One, chosen from a list of three names the Ohio municipal	374
league submits to the director, shall be a mayor of a municipal	375
corporation in which the Ohio residential building code is being	376
enforced in the municipal corporation by a certified building	377
department.	378

(B) Terms of office shall be for three years, with each term	379
ending on the date three years after the date of appointment. Each	380
member shall hold office from the date of appointment until the	381
end of the term for which the member was appointed. Vacancies	382
shall be filled in the manner provided for initial appointments.	383
Any member appointed to fill a vacancy in an unexpired term shall	384
hold office for the remainder of that term.	385

386

(1) Recommend to the board of building standards a building	387
code for residential buildings. The committee shall recommend a	388
code that it may model on a residential building code a national	389
model code organization issues, with adaptations necessary to	390
implement the code in this state. If the board of building	391
standards decides not to adopt a code the committee recommends,	392
the committee shall revise the code and resubmit it until the	393
board adopts a code the committee recommends as the state	394
residential building code;	395

(2) Advise the board regarding the establishment of standards	396
for certification of building officials who enforce the state	397
residential building code;	398

(3) Assist the board in providing information and guidance to	399
residential contractors and building officials who enforce the	400
state residential building code;	401

(4) Advise the board regarding the interpretation of the	402
state residential building code;	403

(5) Provide other assistance the committee considers	404
necessary;	405

(6) Provide the board with a written report of the	406
committee's findings for each consideration required by division	407
(D) of this section.	408

(D) The committee shall not make its recommendation to the	409
board pursuant to divisions (C)(1), (2), and (4) of this section	410
until the advisory committee has considered all of the following:	411

(1) The impact that the state residential building code may	412
have upon the health, safety, and welfare of the public;	413

(2) The economic reasonableness of the residential building	414
code;	415

(3) The technical feasibility of the residential building	416
code;	417

(4) The financial impact that the residential building code	418
may have on the public's ability to purchase affordable housing.	419

(E) The advisory committee shall include in the	420
recommendations the advisory committee makes to the board pursuant	421
to division (C)(1) of this section a requirement that, unless a	422
property has a fire suppression system, an exterior means of	423
egress exists for any area that will be used for dwelling above	424
the second story of a residential rental property, separate from a	425
shared, interior means of egress. "Fire suppression system,"	426
"residential rental property," and "exterior means of egress" have	427
the same meanings as in section 3737.82 of the Revised Code.	428

(F) The advisory committee may provide the board with any	429
rule the committee recommends to update or amend the state	430
residential building code or any rule that the committee	431
recommends to update or amend the state residential building code	432
after receiving a petition described in division (A)(2) of section	433
3781.12 of the Revised Code.	434

~~(F)~~(G) Members of the advisory committee shall receive no	435
salary for the performance of their duties as members, but shall	436
receive their actual and necessary expenses incurred in the	437
performance of their duties as members of the advisory committee	438
and shall receive a per diem for each day in attendance at an	439
official meeting of the committee, to be paid from the industrial	440
compliance operating fund in the state treasury, using fees	441
collected in connection with residential buildings pursuant to	442
division (F)(2) of section 3781.102 of the Revised Code and	443
deposited in that fund.	444

~~(G)~~(H) The advisory committee is not subject to divisions (A)	445
and (B) of section 101.84 of the Revised Code.	446

Section 2. That existing sections 3737.82, 3781.10,	447
3781.104, and 4740.14 of the Revised Code are hereby repealed.	448

Section 3. The amendment by this act of section 3781.104 of	449
the Revised Code takes effect one hundred eighty days after the	450
effective date of this act.	451